An Analysis of the UDRP Experience: Is it Time for Reform?
Computer Law and Security Report, Vol. 24, No. 4, 2008
24 Pages Posted: 22 Jul 2008
Date Written: 27 August 2007
ICANN with the UDRP has achieved in developing a transparent global online dispute resolution procedure based on contractual adherence that allows trade mark owners to fight efficiently cybersquatting. This paper may be divided in two main parts. First, the interpretation of the UDRP policy is discussed at the light of UDRP panel decisions. Secondly, this paper evaluates the UDRP rules, which have been harshly criticized for the use of proceedings that are seen in favour of complainants. From the creation of the UDRP up until now the UDRP has not shown any intentions of reform despite all the existing criticisms. After nearly one decade of experience it appears clear that the UDRP needs to be reviewed if it aims to provide, not only an efficient but a fair procedure. This article concludes by considering the main steps towards reforming ICANN's UDRP.
Keywords: arbitration, ODR, ADR, UDRP, ICANN, online dispute resolution
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